United States - Delivery of Firm Load Following Electric Supply Service - Atlantic City, NJ

Description

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION
SOLICITATION PACKAGE

For:           Delivery of Firm Load Following Electric Supply Service

Location: Atlantic City, NJ Solicitation # 697DCK-24-R-00295
Issue Date:          March 26, 2024 Submit Offers
To: Proposals must be submitted
to the following email address: carolyn.r.myers@faa.gov
By: April 23, 2024 1PM (ET)
Special Features:

This acquisition is.....
[X] conducted under the FAA’s Acquisition Mgmt System
[X] conducted under Screening Information Request (SIR)
Request for Offer (RFO) procedures
[X} North American Industry Classification System (NAICS) code 221122

Section B - Supplies or Services/Prices

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of firm load following electric supply services, including electric energy, ancillary services, ARR credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charge,
FERC Order 745 charges, balancing congestion charges, RMR charges, and capacity and transmission services to the William J. Hughes Technical Center (WJHTC) located at the Atlantic City International Airport, Atlantic City, NJ 08401.

See Section “J”, Attachment 1 for Price Proposal Form.

NOTE TO OFFERORS: In order to be considered responsive to this SIR, the Offeror must agree to all the FAA clauses. Any Offeror that makes exceptions or wants to use their own contract clauses will be considered non-responsive and will not be considered for award.

Section C - Description/Specifications

NOTE:          ALL QUESTIONS MUST BE SUBMITTED IN WRITING AND CAN BE SENT VIA
ELECTRONIC MAIL TO THE CONTRACTING OFFICERS: carolyn.r.myers@faa.gov  NO LATER  THAN April 11, 2024 @ 2PM. (ET) SEE L.2 ON PAGE 34

Interval Data will be available to the Offerors by authorization from the Contracting Officer on a Load Data Release form to ACE.

SECTION C
SCOPE OF WORK

General

The Federal Aviation Administration (FAA) is requesting proposals for the delivery of 100% firm load following electric supply services including electric energy, ancillary services, ARR Credits, PJM marginal losses, NJ Renewable Portfolio Standards, Transmission Enhancement Charges, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges, RMR Charges, Capacity and Transmission services to the William J. Hughes Technical Center (WJHTC) located at the Atlantic City International Airport, Atlantic City, NJ 08401. The successful Offeror (Supplier) shall supply the full requirements of the electric supply services outlined herein for the full term of the contract.

The WJHTC receives electric distribution service from Atlantic City Electric Company (ACE) at 69 kV (Account No. 0550 0713 2560 7000 6857 56). The electric distribution service is provided under the terms and rates in ACE’s Transmission General Service (TGS) rate schedule excluding taxes.

Term

June 1, 2024 to May 31, 2025 (12 months)

Delivery Point

AECO Zone

Products

Electric Energy and Fixed Price Adder Charges

Option 1

Real Time Residual Metered Load Aggregate (RMLA) LMP at the AECO Zone
Real-Time Fixed Price Adder to include all PJM ancillary services, ARR Credits, PJM marginal losses, Renewable Portfolio Standards, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

Option 2

Day-Ahead Residual Metered Load Aggregate (RMLA) LMP at the AECO Zone
Day-Ahead Fixed Price Adder to include all PJM ancillary services, ARR Credits, PJM marginal losses, Renewable Portfolio Standards, FERC Order 494 Charges, FERC Order 745 Charges, Balancing Congestion Charges and supplier fees.

Line Losses

The Line losses shall be determined from the Offeror’s fixed Derated Line Loss Value submitted with offer.

Reliability Must Run Charge (RMR)

The RMR charge shall be directly passed through with no markup providing the supplier submits adequate backup documentation of the charges.

Capacity

The Capacity Charges will be directly passed through with no markup. The daily Capacity Rate ($/KW-Day) will be equal to the PJM RPM Final Zonal Load Price (FZLP) for the AE zone times the PJM Final Forecast Pool Requirements (FFPR) times the Final Zonal RPM Scaling Factor (FZSF) for the AE zone times the PJM Daily Zonal Scaling Factor (DZSF) for the AE Zone. The expected PY24-25 Capacity Peak Load Contribution for the WJHTC is 8,444.53 kW.

Transmission

The Transmission Charges shall be directly passed through at the FERC approved Network Integration Transmission Service Rate for the AECO transmission zone with no markup. The current Transmission Peak Load Contribution for the WJHTC is 9,155.50 kW.

Transmission Enhancement Charge (TEC)

The Transmission Enhancement Charges (TEC) shall be directly passed through with no markup at the rates posted in the PJM Transmission Enhancement Worksheets for the AECO Zone.                                                                                                           The TEC Net Monthly Rate ($/kW) is equal to the PJM TEC Total Monthly Charges ($/kW) minus the PJM TEC Total Monthly Network Customer Credits ($/kW).

Electric Supply Charges

Option 1 Total Charges =

Σ (Real-Time Hourly RMLA LMP*Hourly Metered data)
+Σ(Real-Time Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value)
+Real-Time Fixed Price Adder* Monthly Metered Data
+ RMR Rate*Transmission Peak Load Contribution*No. of days in month
+Capacity Peak Load Contribution*FZLP*FFPR*FZSF*DZSF*No. days in month
+Transmission Peak Load Contribution*Transmission Rate*No. of days in month
+TEC Net Monthly Rate * Transmission Peak Load Contribution

Option 2 Total Charges =

Σ(Day-Ahead Hourly RMLA LMP*Hourly Metered data)
+Σ(Day-Ahead Hourly RMLA LMP*Hourly Metered data*Derated Line Loss Value)
+Day-Ahead Fixed Price Adder* Monthly Metered Data
+RMR Rate* Transmission Peak Load Contribution*No. of days in month
+Capacity Peak Load Contribution*FZLP*FFPR*FZSF*DZSF*No. days in month
+Transmission Peak Load Contribution*Transmission Rate*No. of days in month
+TEC Net Monthly Rate * Transmission Peak Load Contribution

NOTE: The Government is tax exempt. No taxes should be included in the charges.

Acronyms

ACE – Atlantic City Electric Company

AECO Zone – The Atlantic City Electric Company’s PJM designated Transmission Zone

ARR – PJM’s Auction Revenue Rights

DZSF – PJM’s Daily Zonal Scaling Factor FERC – Federal Energy Regulatory Commission
FFPR – PJM’s Final Forecast Pool Requirement

FZNLP – PJM’s RPM Final Zonal Net Load Price

FZSF – PJM’s Final Zonal RPM Scaling Factor

LMP - Locational Marginal Pricing. The LMP is the pricing method that PJM uses to price energy purchases and sales in the PJM market and to price transmission congestion costs to move energy within PJM

PJM - PJM is a regional transmission organization (RTO), an entity authorized by the federal government to manage the reliability of the electric transmission system and the operation of the wholesale electricity market in their defined control area that covers all or parts of Delaware, Indiana, Illinois, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia.

RMLA LMP – The AECO Residual Metered Load Aggregate LMP based on the final PJM “Monthly” File. PnodeID: 116472927

RMR - Reliability Must Run

RPM – PJM’s Reliability Pricing Model

TEC – Transmission Enhancement Charges

TGS – Transmission General Service

WJHTC – The William J. Hughes Technical Center

Continuity of Service

It shall be the Contractor’s responsibility to coordinate with ACE as necessary to resolve issues related to ACE’s regulated services and to ensure the reliable provision of electricity to the facilities included in this contract.

Metering to be provided by ACE.

Delivery Point and Service Location

The Delivery Point for such electricity shall be that point on the electric system at which ACE
takes possession of the electricity for final delivery of the electricity to the electric meter(s) serving the WJHTC (ACE Account No. 0550 0713 2560 7000 6857 56). This same Delivery Point shall be where the facility takes title to the electricity.

Credit for Default Service

If at any time (unless under a condition of Force Majeure) an account covered by this contract is forced to accept default service from ACE through any act or failure to act by the Contractor in accordance with ACE’s rules and/or applicable agreements and laws serving in its capacity as the utility supplier of last resort, the Contractor shall be responsible for payment of any additional service costs incurred.

Protection of Contract

The Government will take the necessary and usual steps to maintain the confidentiality of information submitted by Offerors prior to award of the contract. Offerors are advised that the Government will make all contract prices publicly available for the full contract period.

Acquisition Management System (AMS)

The Federal Aviation Administration has its own acquisition system and is not bound by the Federal Acquisition Regulations (FAR). AMS clauses are contained within this document either in full-text incorporated by reference. Those incorporated by reference have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: http://fast.faa.gov.  

Anti-Deficiency

In accordance with the Anti-Deficiency Act (31 U.S.C. 1341(a) (1)), nothing contained herein shall be construed as binding the Government to expend, in any one fiscal year, any sum in excess of the appropriation made by Congress for that fiscal year in furtherance of the subject matter of the contract or involve the Government in an obligation for the future expenditure of moneys before an appropriation is made.

The remainder of this page has been intentionally left blank.

Section D - Packaging and Marking

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm. (End of clause)

Section E - Inspection and Acceptance

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

The remainder of this page has been intentionally left blank.

Section F – Deliveries or Performance
See Section C.

Section G – Contract Administration Data

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.10.1-22 CONTRACTING OFFICER’S REPRESENTATIVE (APR 2012)

The Contracting Officer may designate other Government personnel (known as the Contracting Officer’s Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract.

The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

(End of clause)

Title

Title to electricity supplied by the Contractor under this contract shall pass from the Contractor to the Government upon delivery of said electricity to the Delivery Point. The Contractor warrants that the electricity delivered to the Government under this contract will be free and clear of all liens, claims and encumbrances arising prior to delivery to the Delivery Point.

Contract Terms and Conditions-Commercial Items

Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 3.9.1-1 Contract Disputes (JAN 2020), which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

  Force Majeure. The parties shall be responsible for performance under the Contract unless a condition of Force Majeure is in effect. “Force Majeure” means an event, other than an inability to pay or a change in economic circumstances, which is not within the reasonable control of the party claiming Force Majeure, and which cannot be avoided by the exercise of reasonable diligence, including, but not limited to natural catastrophe, flood, explosion, fire, riots or civil disturbance, hostile forces, foreign powers, terrorist acts, sabotage, strikes or other labor difficulties, acts of a public enemy, transmission delay or failure, or failure or delay of third party suppliers. A Force Majeure or similar event suffered by an Independent Service Operator (“ISO”)(or an equivalent of an ISO), PJM or the EDC to the extent that such an event is not within the reasonable control of the part claiming Force Majeure, shall constitute a Force Majeure hereunder. Upon delivery to the other party of a reasonably specific notice of Force Majeure, the obligations of the notifying party shall be suspended to the extent affected by such Force Majeure. The cause of the Force Majeure will be remedied with all reasonable diligence.

Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment. Payment shall be made for items accepted by the Government that have been delivered to the Delivery Point set forth in this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

Taxes. The Government is tax exempt.

Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience in accordance with contract clause 3.10.6-1 Termination for Convenience of the Government (Fixed Price) (OCT 1996).

Limitation of liability. Contractor expressly disclaims any representation or warranty of merchantability or fitness for any particular purpose. Contractor shall not be directly or indirectly responsible for (a) the maintenance or operation of the electric lines and transmission and distribution systems; (b) any service interruptions, loss of service, or deterioration of electric services caused by ACE, the PJM Operator or ISO; and/or (c) any damage to WJHTC’s equipment or facilities, personal injuries, or any economic losses, resulting directly or indirectly from the Services (including the quality thereof). Contractor shall not be liable to WJHTC for any special, indirect, incidental, consequential or punitive damages of any character, including, but not limited to, lost profits, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability or any other remedy at law or equity.

Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,

executive orders, rules and regulations applicable to its performance under this contract.

Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

Regulatory Changes. In the event of a regulatory requirement, the Contractor may request changes or adjustments (without mark-up) (including without limitation, changes in the application or interpretation of existing requirements) in (a) ACE’s requirements or service furnished to the WJHTC; (b) capacity and/or transmission peak load contributions of the WJHTC; (c) ISO or PJM requirements; and/or (d) applicable laws, regulations, and orders.

Emergency: Contacts. WJHTC must contact ACE in the case of outages, emergencies, and similar service matters, and may use the following toll-free emergency and/or other helpful telephone numbers to do so:

ACE: 1-800-642-3780 (Emergency Customer Service)

New Jersey’s Board of Public Utilities Division of Customer Relations 1-800-624-0241

Environmental Disclosure. Contractor’s Environmental Information Disclosure Label, as amended from time to time, must be found at the website. http://www.bpu.state.nj.us/wwwroot/energy/SelectEnergyLabel.pdf

Non-Residential Sale. WJHTC represents and warrants to Contractor that it is not a residential customer for purposes of N.J.A.C. 14:4-7 “Retail Choice Consumer Protection”. WJHTC acknowledges that Contractor has relied on this representation to determine the inapplicability of certain consumer protection provisions applicable only to a residential customer under New Jersey law.

Payment and Dual Billing

The Contractor shall submit properly executed monthly invoices in accordance with the State of New Jersey’s regulated billing procedures (N.J.A.C. 14:3-7). The bill shall detail all applicable charges and credits for electricity supplied. At a minimum, the bill shall include:

Contractor Name and Address
Billing Date
Billing Period
Hourly Metered Usage
Derated Line Loss Value
Hourly LMP Charges
Fixed Price Adder
Daily Zonal Scaling Factor
Reliability Must Run Charges
Capacity Charges
Transmission Charges
Transmission Enhancement Charges
Adjustments (if applicable)
Total Charges

   15.  Removed this section 15.
If the Contractor’s standard formatted invoice does not include all the information required in this Section, the Contractor shall submit a separate backup document that includes the missing information including the Derated Line Loss Value, the Hourly Metered Usage and the Hourly LMP Charges.

The contractor shall submit an electronic copy of each monthly invoice to the following email addresses: Thomas.Herzog@FAA.gov
The contractor shall also submit one hard copy of each monthly invoice to the following address:

FAA AC Accounting Office
U.S. D.O.T./FAA AMZ-110
P.O. Box 25710 Oklahoma City, OK 73125

The Contractor shall receive payment for services provided directly from the FAA. Payment shall be made in accordance with Clause 3.3.1-17 Prompt Payment (JAN 2021).

Contractor Attestation Confirming Compliance with NJ RPS
The Contractor shall submit an Attestation confirming the purchase and retirement of Energy Attribute Certificates (EACs) and/or Renewable Energy Certificates (RECs) on behalf of the FAA’s William J Hughes Technical Center (WJHTC) in an amount necessary for compliance with the NJ Renewable Portfolio Standards as required by N.J.A.C. 14:8-2.3.  The Attestation shall provide the number of Certificates purchased and retired per the requirements of N.J.A.C. 14:8-2.11 for Energy Year 2025 (June 1, 2024 – May 31, 2025).

It is acknowledged that the contactor does not purchase and retire EACs/RECs on a customer level basis for compliance but instead purchases and retires EACs/RECs on a portfolio level basis for compliance.     The Attestation shall provide the number of EACs/RECs purchased and retired on behalf of the WJHTC based on the pro rata share of the WJHTC’s actual load served to the contractor’s total load served.

If the Contractor chooses to comply with the NJ Renewable Portfolio Standards by submitting one or more Alternative Compliance Payments (ACPs) and/or Solar Alternative Compliance Payments (SACPs), as defined by N.J.A.C. 14:8-2.10, the Attestation shall include confirmation of the number of ACPs and/or SACPs purchased on behalf of the WJHTC based on the WJHTC’s pro rata share.

The Attestation shall provide the number of EACs/RECs purchased and retired in each of the following subcategories. 

        Class I – Wind
        Class I – Other
        Class II
        Solar – SREC
        Solar – TREC
        Solar – SREC II
        ACPs - For Compliance with Class I and Class II Requirements
        SACPs - For Compliance with Solar Requirements

The Attestation shall confirm that all of the energy from the generation sources of the purchased and retired EACs/ RECs, were generated within or delivered into the PJM Region.

See Section J, Attachment 3 for a sample Attestation Form.  The contractor can submit their standard Attestation Form as long as it includes all of the information required in this Section.

The contractor shall submit the completed Attestation for Energy Year 2025 no later than December 10, 2025.
The contractor shall submit an electronic copy of the Attestation to the following email addresses:
Thomas.Herzog@FAA.gov
The contractor shall also submit one hard copy of the Attestation to the following address:

FAA AC Accounting Office
U.S. D.O.T./FAA AMZ-110
P.O. Box 25710 Oklahoma City, OK 73125

Section H - Special Contract Requirements

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.9-1 ELECTRONIC COMMERCE AND SIGNATURE (JUL 2020)

The Electronic Signatures in Global and National Commerce Act (E-SIGN) establishes a legal equivalence between:

Contracts written on paper and contracts in electronic form;
Pen-and-ink signatures and electronic signatures; and
Other legally-required written records and the same information in electronic form.

With the submission of an offer, the offeror acknowledges and accepts the utilization of electronic commerce as part of the requirements of this solicitation and the resultant contract.

Certain documents may need to be provided or maintained in original form, such as large-scale drawings impractical to convert to electronic format or a document with a raised seal signifying authenticity. This clause does not change or affect any other requirements that a document must be in paper format to satisfy legal requirements such as for certain real estate transactions.

The use of electronic signature technology is authorized under this solicitation and the resulting contract.

Contractors must not digitally sign any documents with software that uses the Secure Hash Algorithm 1 (SHA-1). All digitally signed documents and contracts sent to the FAA must use a SHA-256 or higher hash algorithm. This is based on the National Institute of Standards and Technology (NIST) Policy Statement on Hash Functions dated August 5, 2015. Further guidance on the use of SHA-256 is in NIST Special Publication (SP) 800-57 Part 1, section 5.6.2 as amended and SP 800-131A, Revision 1 dated November 6, 2015. Additional guidance on the use of SHA-3 is in NIST SP 800-185 as amended.

Contractors do not have to update documents previously digitally signed using SHA-1 hash algorithms unless the document requires updating. The FAA and contractors may continue to use SHA-1 for the following applications: Verifying old digital signatures and time stamps, generating and verifying hash-based message authentication codes (HMACs), key derivation functions (KDFs), and random bit/number generation.

(End of Clause)

Section I - Contract Clauses

Clause List

3.1-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (JUL 2019)

This screening information request (SIR) or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or Offerors and contractors may obtain the full text via Internet at: https://fast.faa.gov/contractclauses.cfm.

(End of clause)

3.1.7-2 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2023)
3.1.8-1 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2014)
3.1.8-2 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (OCT 2019)
3.2.1.5-3 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (JAN 2008)
3.2.2.3-33 ORDER OF PRECEDENCE (MAR 2009)
3.2.2.3-83 PROHIBITION AGAINST CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (OCT 2015)
3.2.2.7-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APR 2023)  
3.2.2.7-8 DISCLOSURE OF TEAM ARRANGEMENTS (APR 2008)
3.2.5-1 OFFICIALS NOT TO BENEFIT (APR 2021)
3.2.5-3 GRATUITIES OR GIFTS (OCT 2019)
3.2.5-4 CONTINGENT FEES (OCT 1996)
3.2.5-5 ANTI-KICKBACK PROCEDURES (OCT 2019)
3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APR 1996)
3.2.5-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2023)
3.3.1-1 PAYMENTS (JUL 2018)
3.3.1-8 EXTRAS (JUL 2018)
3.3.1-12 LIMITATION OF COST (JUL 2018)
3.3.1-15 ASSIGNMENT OF CLAIMS (JUL 2018)
3.3.1-17 PROMPT PAYMENT (JANUARY 2021)
3.3.1-20 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (OCT
2012)
3.3.1-33 SYSTEM FOR AWARD MANAGEMENT (JANUARY 2024)
3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD MANAGEMENT (JUL 2018)
3.3.2-1 FAA COST PRINCIPLES (OCT 2019)
3.6.2-2 CONVICT LABOR (APR 1996)
3.6.2-9 EQUAL OPPORTUNITY (JUL 2023)
3.6.2-12 EQUAL OPPORTUNITY FOR VETERANS (APR 2022)
3.6.2-13 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (APR 2022)
3.6.2-39 TRAFFICKING IN PERSONS (JUL 2023)
3.6.3-16 DRUG FREE WORKPLACE (APRIL 2023)3.6.3-23 DELIVERY OF ELECTRONIC AND PAPER DOCUMENTS (JAN 2020)
3.6.4-10 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JAN 2010)
3.6.6-2 SEAT BELT USE BY CONTRACTOR EMPLOYEES (APRIL 2023)
3.6.6.-3 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (JULY 2023)
3.8.2-11 CONTINUITY OF SERVICES (OCT 2018)
3.8.9-4 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB ENTITIES (January 2024)

3.8.9-5 PROHIBITION ON USING BYTEDANCE COVERED APPLICATIONS INCLUDING TIK TOK (July 2023)
3.8.9-6 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – REPRESENTATION AND DISCLOSURES (January 2024)
3.9.1-1 CONTRACT DISPUTES (JAN 2020)
3.9.1-2 PROTEST AFTER AWARD (AUG 1997)
3.10.1-9 STOP WORK ORDER (OCT 1996)
3.10.1-7 BANKRUPTCY (APR 1996)
3.10.1-12 CHANGES - FIXED-PRICE (APR 1996) - ALTERNATE I (APR 1996)
3.10.1-25 NOVATION AND CHANGE-OF-NAME AGREEMENTS (OCT 2007)
3.10.1-28 CHANGES REQUIRED BY AMS (January 2024)
3.10.2-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) (JUL 2023)
3.10.6-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (OCT 1996)
3.10.6-4 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (JAN 2020)
(a) Definitions. As used in this clause
"Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Identity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database.
"System for Award Management (SAM) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.
"Unique Entity Identifier (UEI)" (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
"Electronic Funds Transfer indicator" means a 4-character suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror must enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the UEI or EFT indicator that identifies the offeror's name and address exactly as stated in the offer. The UEI will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.
(c) If the offeror does not have a UEI, it should contact www.sam.gov directly to obtain one.
The offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and ZIP Code.
(4) Company Mailing Address, City, State and ZIP Code (if different from physical street address).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the offeror acknowledges that they are certified as an SDVOSB under the Small Business Administration’s Veteran Small Business Certification Program (VetCert).
(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

3.8.9-2 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (JULY 2023)

(a) Definitions. As used in this clause--
“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).]
“Covered foreign country” means The People's Republic of China.
“Covered telecommunications equipment or services” means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
“Critical technology” means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening.
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or 5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when traveling outside the geographical coverage area of a home network
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5).
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract, or extending or renewing a contract, with an entity that uses
any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5). This prohibition applies to an entity that uses covered telecommunications equipment or services, including use not in support of the Government.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.
(2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

The remainder of this page has been intentionally left blank.

Section J - List of Documents, Exhibits and Other Attachments

Attachment List

ATTACHMENT
TITLE
DATE
NO. OF PAGES
1
Price Proposal Form
March 26, 2024
4
2
Sample Invoice Data
March 26, 2024
4
3
Sample Attestation
March 26, 2024
1

The remainder of this page has been intentionally left blank.

Opportunity closing date

23 April 2024

Value of contract

to be confirmed